TC Heartland LLC v. Kraft Foods Group Brands LLC, U.S., No. 16-341, amicus brief filed 2/6/2017
The Federal Circuit correctly interpreted the general venue statute at 28 U.S.C. 1391 as providing a definition of “resides” in the patent venue statute at 28 U.S.C. 1400(b).
Although the Supreme Court in Forco Glass Co. v. Transmirra Products Corp., 353 U.S. 222 (1957), found the two statutes worked independently, Congress changed the law in 1988 by adding to the general venue statute “for purposes of venue under this chapter.” The deletion of that phrase in 2011 did not return the law to the Fourcorule because it was replaced with the phrase “for all venue purposes.” Nor does the added phrase “except as otherwise provided by law” adopt the Supreme Court’s Fourco rule.
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Partnering in Patents - Mechanical Arts
November 13, 2024 8:30 AM to 4:45 PM | No CLE
Learn and share ideas about mechanical disciplines at the Technology Centers (TC) 3600 and 3700 and American Intellectual Property Law Association (AIPLA) Customer Partnership Meeting on Wednesday, November 13, from 8:30 a.m. to 4:45 p.m. ET, at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. The meeting will feature perspectives from USPTO examiners, practitioners, and the industry, focusing on better examiner-practitioner interactions for high-quality patents. We'll address topics such as: Artificial intelligence (AI) subject matter eligibility USPTO search tools Drafting patent specifications Approaches to examiner interviews in the mechanical arts -
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